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Shop: Kraken Kratom Red Vein Kratom   Unfolding Nature Unfolding Nature: Being in the Implicate Order

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OfflineSushiKing
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Registered: 06/16/14
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Think I stand a chance?
    #21842091 - 06/22/15 03:36 PM (8 years, 7 months ago)

so back in April I received my yearly evaluation at Wal Mart. I received a 50 cent raise.. yeah I know. bringing my total hourly to $10.10 an hour. and would start on May 4th. I signed the paper saying my raise was 50 cents and that my total is now $10.10.

Lat week I printed out my receipt for my pay stub and it said my hourly rate was $9.94. Yesterday I went to the office and said "hey wtf" basically. They tell me, well new policy says we cant give 50 cent raises and it is now a percentage based on previous rate that is why you only got 34 cents.

I said, hey that is too bad that the policy changed but unfortunately for you guys, you must honor that piece of paper that I signed. essentially they try to tell me "dude, its only 16 cents you're missing out on." I am like "haha dont fucking dare short change me! lol thats gas money/lunches." they told me to talk to them today about it when i go in.

I am thinking I should stick to my guns and pressure them about honoring the paper i signed. In my eyes, I made it across the border before they built the fence so they are obligated to honor their own contracts. But what should I do if they tell me they will not change it and that I am just a small guy and what am i gonna do?


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OfflineMajickMuffin
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Registered: 05/28/14
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Loc: North
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Re: Think I stand a chance? [Re: SushiKing]
    #21842103 - 06/22/15 03:39 PM (8 years, 7 months ago)

Stick to your guns, but if in the end, they REALLY wont budge, keep your fucking job and concede.


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Offlinekoods
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Re: Think I stand a chance? [Re: MajickMuffin]
    #21842115 - 06/22/15 03:44 PM (8 years, 7 months ago)

It's walmart. Most of your coworkers are on welfare,


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NotSheekle said
“if I believed she was 16 I would become unattracted to her”


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InvisibleEnlilMDiscord
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Re: Think I stand a chance? [Re: SushiKing] * 4
    #21842125 - 06/22/15 03:45 PM (8 years, 7 months ago)

"It's only $.16" is their argument?  Doesn't that same argument also apply to why they should pay you the agreed-upon amount? 

Dude, stick to your guns.  Tell them that you have a contract and that you expect them to abide by it.  Also tell them that under the Fair Labor Standards Act, they can be held liable for any amount they didn't pay you plus interests and penalties.  Be a dick about it.

Then, if they fire you, it's a retaliatory termination which is illegal under the FLSA as well.  Then get a lawyer who will take your case.  It should be easy, because under the FLSA, if you win, they pay your lawyer's fees.  This means that even if your damages are very slight, the lawyer will get paid, and Walmart will have to pay big time. 

Fuck those corporate pigs, IMO.


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InvisibleLophosaurus
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Re: Think I stand a chance? [Re: MajickMuffin]
    #21842126 - 06/22/15 03:46 PM (8 years, 7 months ago)

Keep your job for now, but use all of your spare time to find something better. Something with a future where you don't max out a $10hr.

I worked at Wal-mart for a week and it was the worst job I've ever had. That doesn't include Burger King, but I quit that job within 2 hours of starting


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OfflineSushiKing
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Re: Think I stand a chance? [Re: Enlil]
    #21842145 - 06/22/15 03:54 PM (8 years, 7 months ago)

Yeah that is exactly what i said, if its just 16 cents that is why they should pay it to me. I think the reason that this is an easy argument for me is because it is in writing.. they are pulling the file and looking in to it today.

Cool I did not know about the rules for past months compensation and everything. Thanks Enlil, I was looking for a response like that. I am intimidated about getting lawyers involved and going against wal mart lol! It seems they would just dump money in the court room and win the case lol!

I wouldn't want to quit just because they wont pay me 10.10 though because if i leave it will save them money and I will start somewhere else at minimum ya know


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InvisibleEnlilMDiscord
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Re: Think I stand a chance? [Re: SushiKing]
    #21842165 - 06/22/15 04:01 PM (8 years, 7 months ago)

Don't quit.  You can stay there and sue them later.  An FLSA suit can look back 2 or 3 years depending on the situation.  Your state may also have other protections on top of the federal ones.  You can even sue while working there.


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OfflineMajickMuffin
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Re: Think I stand a chance? [Re: Enlil]
    #21842172 - 06/22/15 04:05 PM (8 years, 7 months ago)

Quote:

Enlil said:
Don't quit.  You can stay there and sue them later.  An FLSA suit can look back 2 or 3 years depending on the situation.  Your state may also have other protections on top of the federal ones.  You can even sue while working there.




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OfflineTopPmz
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Re: Think I stand a chance? [Re: SushiKing]
    #21842179 - 06/22/15 04:06 PM (8 years, 7 months ago)

If you try to sue Wal-Mart, and you actually have a case, they're more likely to shove money at you to avoid court.
Like Enlil said, stick to your guns. You're right, and they're wrong. They're legally obligated to pay you $10.10/hr, from May 4th onward.

I worked at Wal-Mart for 2 years. Fuck that place.


--------------------
"Freedom Isn't Free" is only half correct. True freedom doesn't exist in the society we exist in. What the saying really means is "The Illusion of Freedom Isn't Free"


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OfflinePatlal
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Re: Think I stand a chance? [Re: TopPmz]
    #21842258 - 06/22/15 04:33 PM (8 years, 7 months ago)

Doesn't anyone care about Walmart's profitability around here?

They need that money OP, how dare you asking for more.

People here have no sense of business....


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OfflineEnjoywho
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Re: Think I stand a chance? [Re: Patlal]
    #21842263 - 06/22/15 04:35 PM (8 years, 7 months ago)

I think if it's written on a legally binding contract they would have to honor it.


--------------------
"I don't give nothin' to nobody, I just pay the cost to do business." - Riley "Young Reezy"-Boondocks

"The road to hell is paved with good intentions."

"In the days of kings and queens I was a jester."

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InvisibleMagicMush123
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Re: Think I stand a chance? [Re: Patlal]
    #21842274 - 06/22/15 04:40 PM (8 years, 7 months ago)

If you take to court they can keep delaying abd pushing it back, in hopes you run out of money to pay your lawyer


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OfflineEnjoywho
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Re: Think I stand a chance? [Re: MagicMush123]
    #21842279 - 06/22/15 04:42 PM (8 years, 7 months ago)

Yep pretty much.


--------------------
"I don't give nothin' to nobody, I just pay the cost to do business." - Riley "Young Reezy"-Boondocks

"The road to hell is paved with good intentions."

"In the days of kings and queens I was a jester."

"And then the great lord created bears... too many bears... shoulda really dialed back on the bears." Squidbillies

"Can you start speaking words instead of your damn filthy lies!"- Louise "Bobs Burgers"


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InvisibleEnlilMDiscord
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Re: Think I stand a chance? [Re: MagicMush123] * 1
    #21842281 - 06/22/15 04:43 PM (8 years, 7 months ago)

Quote:

MagicMush123 said:
If you take to court they can keep delaying abd pushing it back, in hopes you run out of money to pay your lawyer



He wouldn't have to pay his lawyer.  Walmart would have to pay his lawyer.


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OfflineGorlax
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Re: Think I stand a chance? [Re: SushiKing]
    #21842284 - 06/22/15 04:44 PM (8 years, 7 months ago)

It is likely that someone who gave you that increase made the error. Knowing that walmart usually has it's contract in order I don't see how they would just try to shove it under the table like that. I bet the manager was warned about this but neglected it and went by the old rules and now if he was to change it for you he'd have to admit to fucking up.

I've been stiffed out of tipouts from my old job and it eventually made me quit because I wasn't going to work restaurant wage for 5$ an hour and not get tipped out.


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InvisibleMagicMush123
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Re: Think I stand a chance? [Re: Enlil]
    #21842288 - 06/22/15 04:44 PM (8 years, 7 months ago)

Not if he doesn't win... What if they tell him about some loop hole when he goes in, for why they don't have to pay


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InvisibleEnlilMDiscord
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Re: Think I stand a chance? [Re: MagicMush123]
    #21842319 - 06/22/15 04:50 PM (8 years, 7 months ago)

There is no loophole.  He was offered employment in writing at a rate.  He performed the work.  They are required to pay him for the time he worked at the rate he was offered.


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InvisibleMagicMush123
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Re: Think I stand a chance? [Re: Enlil]
    #21842364 - 06/22/15 05:06 PM (8 years, 7 months ago)

Op if you get it,  don't forget they owe you retro pay also for all hours worked without your full rate


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OfflineSushiKing
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Re: Think I stand a chance? [Re: Gorlax]
    #21842412 - 06/22/15 05:20 PM (8 years, 7 months ago)

That is exactly what the manager told me. He said "oh the manager that gave you the evaluation must have not been aware of the new policy." I said tough.

On my evaluation it asked me to sign here saying i recognize the 50 cent raise and to sign here to recognize that my new total is 10.10

At that point I said, too bad your dude was misinformed. Cause it is in writing now and that is the official word.


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Offliner00tuuu123
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Re: Think I stand a chance? [Re: Enlil]
    #21842475 - 06/22/15 05:35 PM (8 years, 7 months ago)

Quote:

Enlil said:
There is no loophole.  He was offered employment in writing at a rate.  He performed the work.  They are required to pay him for the time he worked at the rate he was offered.



Bout time you agreed with me Un fortunately it doesn't mean they will not try to make him quit by other means. I agree whole heartedly that it was a 2 party contract and both sides are expected to live up to it. The problem lies in some other company policy thay points out specific rules to abide by I'd love to see op jump through the hoops just so he can say PAY ME BITCHES.


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OfflineLucisM
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Re: Think I stand a chance? [Re: Enlil]
    #21842629 - 06/22/15 06:11 PM (8 years, 7 months ago)

Quote:

Enlil said:


Dude, stick to your guns. 
Fuck those corporate pigs, IMO.




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InvisibleVoid_Hawk
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Re: Think I stand a chance? [Re: Lucis]
    #21843139 - 06/22/15 08:03 PM (8 years, 7 months ago)

As far as legal fees go, you may (should?) be able to find a lawyer to take on a BIG FISH with deep pockets like Wal*Mart on a contingency basis, leaving you on the hook for nothing, win or lose. Except, if you are being truthful and have evidence, you won't lose.

Document everything - discussions with management, dates and persons, content of those conversations; obtain and keep anything and everything you can get that was put in writing etc.

If you have the original declaration as described you are good to go. No fucking way would I allow them to nickel and dime me like this; they have pulled tricks like this on thousands, tens of thousands, of employees.


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Invisiblebadchad
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Re: Think I stand a chance? [Re: SushiKing]
    #21843183 - 06/22/15 08:11 PM (8 years, 7 months ago)

I'd look for any fine print that might say corporate policy (Or whatever) is subject to change.


--------------------
...the whole experience is (and is as) a profound piece of knowledge.  It is an indellible experience; it is forever known.  I have known myself in a way I doubt I would have ever occurred except as it did.

Smith, P.  Bull. Menninger Clinic (1959) 23:20-27; p. 27.

...most subjects find the experience valuable, some find it frightening, and many say that is it uniquely lovely.

Osmond, H.  Annals, NY Acad Science (1957) 66:418-434; p.436


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InvisibleVoid_Hawk
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Re: Think I stand a chance? [Re: badchad]
    #21843241 - 06/22/15 08:21 PM (8 years, 7 months ago)

Quote:

badchad said:
I'd look for any fine print that might say corporate policy (Or whatever) is subject to change.




A valid point, but I would not automatically assume that just because some CYA text is found somewhere, that management can just change the rules on the fly with impunity when it suits them. Otherwise, no one anywhere, ever, would have a claim against any sufficiently large entity if they have ever signed something from corporate or entered into agreement.


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OfflineHabadashery
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Re: Think I stand a chance? [Re: Gorlax]
    #21843313 - 06/22/15 08:36 PM (8 years, 7 months ago)

I worked for a landscaper a long time ago, it took almost 4 months to get paid JUST for our first job, and we worked there every week that whole time.  How "in order" is that?  It's like it must be policy to try to get out of paying what is due at all costs.


It was all over the same thing OP is saying.  Boss negotiated payment, and schedules and upkeep required, they agreed, he got it in writing, then they betrayed it immediately.


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